People are upset about the setback

Building new or repairing a house "lost land"

Ms. Ha, who lives in Tam Binh Ward (Thu Duc City), has a plot of land with an area of ​​50.6 ^square meters, of which the length is 10 meters. When she applied for a construction permit, the authorities required her to move back 1 meter and leave 2.4 meters in front, so the length of the house is only 6.6 meters. Not only that, her land is only allowed to build 1 ground floor and 1 upper floor, while the neighboring plots of land can be built with 1 ground floor and 3 upper floors and the land is fully built. "My family has already finished the design, but now we have to rent a house, because if we build a house with a length of only 6.6 meters, we cannot arrange rooms for 2 spouses and 2 children," Ms. Ha said indignantly.

Ms. Ha's land (in the middle) is "abandoned" because the setback and land use coefficient are too low compared to the houses on both sides that were previously built.

Mr. Tan, who lives in Phu Huu Ward (Thu Duc City), is also in a similar situation when he has a piece of land located at a three-way intersection in a residential area, with a width of 4 m, a length of 15 m, a road in front of 8 m, and a side of 7 m. When applying for a building permit, he was required to set back 2.4 m in front, 1 m behind, and also on the side. It is worth mentioning that other households in this area have built up all the land, only the houses that have just applied for a building permit have to leave space like that.

"The retreat will make the whole area ugly because the houses will protrude, the houses will be recessed and there will not be enough space for the family to use," said Mr. Tan. One thing that makes him extremely upset is that the land use coefficient in this area is very low, not enough space for his family of three generations to live. "Thu Duc City is a suburban area, not a crowded center, but state agencies force a low land use coefficient. This makes construction even more complicated, and many negative things arise from it. People complain a lot about these problems, but why don't state agencies solve them to help people suffer less?", said Mr. Tan.

In Nha Be District, Mr. Le Dinh An said he was also tired of the unreasonable setbacks applied to residential areas where people have settled down. However, when he wanted to repair or rebuild, he could not do so because his land had to be set back, and was located in the middle of two adjacent houses that had been built before and did not have to be set back.

C SHOULD ONLY BE APPLIED TO NEW RESIDENTIAL AREAS

According to the provisions of Decision 56, for land plots with an area larger than 50 m², if the depth is larger than 16 m, the construction must arrange a setback from the back boundary of at least 2 m; for depths from 9 - 16 m, the setback from the back boundary of the land must be at least 1 m; for depths under 9 m, it is encouraged to create a space behind the house. Not to mention that in existing residential planning areas, the land use coefficient is very small, even in some places it is only 1 - 1.2 times. This leads to the remaining construction area being too small, not to mention that some places that control the height of the construction make it even more difficult for people. In particular, in some cases, the plot of land is located at the corner and is set back in front, on the side, or behind, making it almost impossible to build.

Talking to Thanh Nien , Ms. Mai Thanh Nga, Deputy Head of Urban Management Department (Thu Duc City), said that currently, the application of setbacks in Thu Duc City is very difficult due to the merger of 3 districts. Previously, the setbacks in these 3 places were different according to road boundaries, construction boundaries, and townhouse standards. But now, according to Decision 56, they are unified in one way, so there is a "skew", making people upset. Thu Duc City has also met and reported to the Department of Planning and Architecture but has not received a response. Currently, the leaders of Thu Duc City have met and agreed in the direction of granting construction permits for which neighborhoods, then consider the whole thing to grant permits in accordance with that neighborhood. If neighborhoods and roads were not set back before, then when granting permits according to Decision 56, they will not be set back accordingly. If they are set back, they will be set back equal to the houses that were built before.

"We hope that the Department of Planning and Architecture of Ho Chi Minh City will issue a document with instructions for early and reasonable adjustments so that people with construction needs can have convenience because currently there are too many setbacks and the construction coefficient is too low, making people with land not dare to build houses."

Mr. Le Dinh An (resident of Nha Be District, Ho Chi Minh City)

"Following Decision 56, the people's land was cut too much, so there were many problems and people reacted. Previously, the construction height was licensed according to the road boundary, but now it is based on the coefficient, so there are roads that were previously licensed for 7 floors, but now it is only 2-3 floors. Regulations on coefficients, height, and setbacks are to ensure ventilation, but the builders later reacted because they were disadvantaged compared to the previous regulations. In the near future, Thu Duc City will review the previously divided areas that did not have architectural management regulations on setbacks, height, and coefficients. After the survey, it will be based on the law to serve the licensing work, from there it will be more suitable," said Ms. Nga.

A leader of Nha Be District said that when Decision 56 was issued, all localities reacted and each place understood it differently, so they applied it differently. Many places did not have a 1/2,000 planning project or the old project had not updated the land use coefficient so they did not know how to calculate the coefficient, or the coefficient was low so they could only build 2-3 floors. In particular, houses with land facing major roads are now allowed to build much lower than before, so people reacted. Localities also wanted to help people, but were afraid of being whistled, so everything remained stagnant.

"In my opinion, depending on the actual situation, we will decide on an appropriate setback because many plots of land are too short. Whatever is beneficial to the people should be done. The Department of Planning and Architecture and the Ho Chi Minh City People's Committee should also meet and re-evaluate Decision 56. Anything that is not suitable needs to be revised to benefit the people. New residential areas can apply it, but it is very difficult to apply it to existing residential areas and needs to be revised," he said.

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